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(영문) 대전지방법원 천안지원 2016.09.01 2016고단1339
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

피고인은 D 포르테쿱 승용차의 운전업무에 종사하는 사람이다.

On April 23, 2016, the Defendant driven the above vehicle at a speed of about 109km/h to 119km/h from the 3-lanes in the direction of the Sinannam-gu in the direction of the Sinannam-gu in the direction of the Sinannam-gu. The Defendant driven the above vehicle at a speed of about 22:54, and proceeded along the two-lanes in the direction of the Sinannam-gu in the direction of the Sinannam-gu.

At the time, it was not well visible at night, and its location is 60 km/h road. In such a case, a person engaged in driving a motor vehicle has a duty of care to safely drive the motor vehicle and prevent the accident in advance by safely driving the motor vehicle, such as taking the front left well, complying with the speed limit.

Nevertheless, the defendant neglected this and did not discover the victim E (the age of 49) who was standing a road on the right side from the left side of the course due to the negligence in excess of the speed limit, and received the victim as the front part of the above vehicle driving by the defendant.

Ultimately, around April 23, 2016, around 23:07, the Defendant caused the victim’s death by the occupational negligence as a result of damage to the pleasia from the Macheon-gu Incheon National University, Macheon-gu, 13-ro 9, 203.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the occurrence status report;

1. Statement and image of the actual condition survey report;

1. Each description of a corpse inspection report and a traffic accident analysis appraisal report;

1. Application of each video statute to the field and vehicle photographs (Ma1), changeers’ photographs, and black records and video materials;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (including the favorable circumstances among the reasons for sentencing following the suspended sentence);

1. Scope of punishment by law: Not less than one month but not more than five years;

2. The scope of recommended sentences [decision of types] according to the sentencing guidelines, and traffic crimes;

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